Zinc Cobham 1 Ltd v Adda Hotels [2018] EWHC 1025 (Ch)
Zinc Cobham 1 Ltd v Adda Hotels [2018] EWHC 1025 (Ch) This was an appeal against the order of Deputy Master Cousins in which he ordered that specified parts of the claim which related to a claim for specific performance of leasehold covenants to maintain active trade and keep and run premises in accordance with certain “Operating Standards” be stuck out.
The claim concerned ten hotels operated by Hilton. The order for specific performance would have required Hilton to spend over £100m in works. Andrew Hochhouser QC upheld the Masters decision. There was no real prospect of persuading a judge at trial that the remedy of specific performance was appropriate and the landlord was confined to its remedy in common law damages.
Kirk Reynolds QC appeared as leading counsel for the appellant, and Elizabeth Fitzgerald as Junior Counsel for the respondent.
The judgment can be found here
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